Michigan Aggravated Assault Lawyer

Aggravated assault in Michigan is a serious offense that can result in imprisonment for those who are convicted. Below, George Law aggravated assault attorneys go over what constitutes aggravated assault, the penalties that could apply, possible defenses, and how a criminal defense lawyer can be instrumental in these cases.

What Is Aggravated Assault In Michigan?

According to Section 750.81a, if you assault someone without using a weapon and cause them serious or aggravated injury, but you didn’t intend to murder them or cause them great bodily harm, you’re committing aggravated assault. This is important to note: the absence of an intent to murder or cause significant harm is a key factor in defining this offense.

“Serious or aggravated injury” means an injury that is more severe than a minor cut or bruise but doesn’t rise to the level of great bodily harm. Think of injuries that require medical treatment but are not life-threatening or don’t cause permanent damage.

It’s also crucial to understand the context of the assault. The law treats the assault differently based on who the victim is. For example, if you assault a health professional or medical volunteer while they’re doing their job, and you’re not a patient receiving treatment from them, the law sees this as a more serious offense. However, if you’re a patient being treated by the victim, this enhanced view of the offense doesn’t apply.

Also, the relationship you have with the victim matters. For example, in domestic violence situations, if you assault your spouse, former spouse, someone you’re dating or have dated, someone you share a child with, or someone you live or have lived with, and cause them serious or aggravated injury, it falls under aggravated assault. This includes a number of domestic violence scenarios.

Remember, the absence of a deadly weapon and the lack of intent to cause severe harm are what differentiate aggravated assault from more serious offenses like felonious assault or attempted murder.

What Are The Penalties For Aggravated Assault In Michigan?

First, if you commit aggravated assault as defined in the law, and it doesn’t involve a health professional or medical volunteer, you’re facing a misdemeanor. The penalty for this can be imprisonment for up to 1 year, a fine of up to $1,000, or both. This is the standard penalty for a typical case of aggravated assault.

However, if the victim is a health professional or medical volunteer, and the assault occurs while they’re performing their duties (and you’re not a patient receiving treatment), the penalty increases. In this scenario, the law still considers it a misdemeanor, but the fine can go up to $2,000.

If the aggravated assault is against a spouse, former spouse, someone you’re dating or have dated, someone you share a child with, or a co-resident, and you have prior convictions for similar offenses, the penalty escalates significantly. In those cases, you might face a felony charge. The law specifies that the penalty for this can be imprisonment for up to 5 years, a fine of up to $5,000, or both.

It’s important to note that these penalties are applicable based on your relationship with the victim and your prior convictions. The law in Michigan takes a stricter stance when there are previous convictions for similar offenses, especially involving close relationships.

What Are Some Defenses To Aggravated Assault In Michigan?

In Michigan, if you’re facing charges of aggravated assault, it’s important to know that there are several defenses that can be used in your favor. A common defense is self-defense. This applies if you believed that you were in immediate danger of being hurt and you used force to protect yourself. The key here is that the force used must be reasonable and necessary given the circumstances. It’s about proving that your actions were a direct response to the threat you faced.

Another potential defense is defending others. This is similar to self-defense but involves protecting someone else who is in immediate danger. Your actions must be reasonable and necessary to prevent harm to that other person.

Accidental injury can also be a defense. If the injury you caused happened inadvertently while you were engaged in a lawful activity, and you had no intent to cause harm, this might be a valid defense in your case. The challenge here is demonstrating that the injury was indeed an accident and not a result of reckless or negligent behavior.

Lack of intent is another important aspect. Aggravated assault charges require an intent to cause serious or aggravated injury. If it can be shown that your actions did not have this intent, or that there was a misunderstanding or misinterpretation of your actions, this could be a viable defense. It’s important to remember that each defense depends on the specific facts and circumstances of your case.

How Can A Criminal Defense Attorney Help Someone Facing Aggravated Assault Charges?

A criminal defense lawyer plays a vital role if you’re charged with aggravated assault in Michigan. They start by thoroughly reviewing your case, examining all the evidence, and identifying any weaknesses in the prosecution’s case. They gather and present evidence that supports your side, which might include collecting witness statements, securing video footage, or bringing in expert testimony.

Your lawyer will represent you in court, articulating your defense and challenging the prosecution’s claims. They know the legal system and can make compelling arguments to the judge and jury. Beyond court appearances, they’re involved in negotiations with prosecutors, where they might work out a plea deal or seek reduced charges or lighter sentencing.

They also keep you informed about your legal rights and the progression of your case, offering guidance on the best steps to take. Their role is to defend your interests and strive for the best possible outcome, given the specifics of your case.

Frequently Asked Questions About Aggravated Assault Laws

What is aggravated assault in Michigan?

In Michigan, aggravated assault means assaulting someone without a weapon, causing serious but not life-threatening injury, and lacking intent to kill or severely harm them.

What constitutes “serious or aggravated injury”?

It’s an injury worse than minor cuts or bruises but not as severe as great bodily harm. Requires medical treatment but isn’t life-threatening.

What about assaults on close relationships?

Assaulting a spouse, former spouse, someone you’re dating, share a child with, or live with, with serious injury, falls under aggravated assault.

What are the penalties for aggravated assault in Michigan?

For a standard case, it’s a misdemeanor with up to 1 year imprisonment and a $1,000 fine. Penalties vary based on victim and prior convictions.

What happens if there are prior convictions for similar offenses?

With prior convictions involving close relationships, it can escalate to a felony with up to 5 years imprisonment and a $5,000 fine.

What are some defenses to aggravated assault in Michigan?

Defenses include self-defense, defending others, accidental injury, and lack of intent, depending on the circumstances.

How can a criminal defense lawyer help in aggravated assault cases?

They investigate evidence, build your defense, represent you in court, negotiate with prosecutors, and provide guidance throughout the legal process.

Michigan Aggravated Assault Lawyers

If you’re facing aggravated assault charges or other assault charges in Michigan, getting the right legal support is important. At George Law, we focus heavily on handling assault cases of all levels of severity. You can contact our experienced aggravated assault attorneys at (248) 247-7459 or reach out to us online. We understand how these charges work and are committed to defending your rights and interests.